ERVIN, Justice.
The assignments of error raise this solitary question: Did the trial judge err in refusing to dismiss the action upon a compulsory nonsuit?
The defendants admit the sufficiency of the plaintiff's evidence to establish actionable negligence on their part. They contend, however, that the action ought to have been involuntarily nonsuited in the court below upon the authority of Cole v. Fletcher Lumber Co., 230 N.C. 616, 55 S.E.2d 86, on the ground...
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